How does a creditor collect a debt from a third party?
In North Carolina, a creditor has a right to collect debt from a third party if the third party received money from the debtor on the creditor’s behalf. In general, creditors can file a lawsuit against the third party to obtain a judgment for the amount owed. If the creditor wins the lawsuit, the third party must pay the full amount awarded in the judgment, including court costs and interest. Further, North Carolina law allows creditors to pursue other remedies, such as wage garnishment or bank account levy. This means creditors can garnish the wages of the third party or place a lien on certain assets to force payment. In addition, creditors have the right to demand that the third party turn over any money sent to them from the delinquent debtor after they receive the demand letter. This is also known as a “demand for turnover” or “turnover order.” The third party must comply with the demand or they can be held liable for the full amount of the debt. Finally, creditors can also pursue a “charging order” against the third party. This allows the creditor to collect a share of any profits, income, or dividends the third party receives from any business the debtor owns or has an interest in. This includes shares in a limited liability company or other business entity. Ultimately, if a debtor fails to pay a debt, creditors have a variety of legal remedies at their disposal. In North Carolina, a creditor can sue a third party and pursue a judgment, garnish wages or assets, demand a turnover, or even obtain a charging order to collect a debt from a third party.
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